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Attorney General E. Scott Pruitt
Vol. 48, No. 2 Quarterly June, 2012
Digest
of Opinions
Notice - Available
The 2011 Opinion Book of the Attorney General
Opinion 2012-2
The Honorable Kim David April 4, 2012
State Senator, District 18
1. A metropolitan area planning com-mission
established pursuant to 19
O.S.2011, §§ 866.1 – 866.35, func-tions
as “an advisory, consultative
and coordinating agency, established
to harmonize its planning activities
with the planning activities of depart-ment,
agencies and instrumentalities
of federal, state and local govern-ment;
and to stimulate public interest
and participation in the development
of the area.” Id. § 866.1.
2. The authority of a county that has
established a metropolitan area
planning commission pursuant to 19
O.S.2011, § 866.2, and meets the cri-teria
of having an upstream terminal
port and turnaround where navigation
ends, or contains all or part of a reser-voir
or reservoirs constructed by the
Bureau of Reclamation, the United
States Army Corps of Engineers, or
by the Grand River Dam Authority
for zoning regulations and building,
construction, and housing codes is
an exception to the general jurisdic-tional
authority of Section 866.2. The
authority of such county for zoning
regulations and building, construc-tion,
and housing codes extends to
all or any part of the unincorporated
areas of such county. Id.
3. Title 19 O.S.2011, § 866.2 grants coun-ties
having an upstream terminal port
and turnaround where navigation ends
or other related criteria the discretion
to establish zoning regulations and
building, construction, and housing
codes. When exercising that discre-tion,
a county must take the necessary
steps to comply with the provisions of
Sections 866.2 through 866.35.
4. A county must adopt a resolution and
have a majority of the vote of the
people of the county to establish a
county planning commission pursuant
19 O.S.2011, § 865.51, and avail itself
of the zoning regulations extending to
all unincorporated areas as provided
by 19 O.S.2011, § 865.53.
5. If a metropolitan area planning com-mission
exists in a county and the
county chooses to confer authority
to a metropolitan area planning com-mission
pursuant to 19 O.S.2011,
§ 865.51, this authority may extend to
all unincorporated areas in the county,
except for the jurisdiction of any lake
area planning and zoning commission.
6. A “proper resolution,” referenced in 19
O.S.2011, § 865.51 to confer authority
on a metropolitan area planning com-mission,
need not comply with the
requirements of 19 O.S.2011, § 865.52
requiring a vote of the majority of the
people to set up a county planning
commission, but must meet the legal
requirements for a resolution.

Attorney General E. Scott Pruitt
Vol. 48, No. 2 Quarterly June, 2012
Digest
of Opinions
Notice - Available
The 2011 Opinion Book of the Attorney General
Opinion 2012-2
The Honorable Kim David April 4, 2012
State Senator, District 18
1. A metropolitan area planning com-mission
established pursuant to 19
O.S.2011, §§ 866.1 – 866.35, func-tions
as “an advisory, consultative
and coordinating agency, established
to harmonize its planning activities
with the planning activities of depart-ment,
agencies and instrumentalities
of federal, state and local govern-ment;
and to stimulate public interest
and participation in the development
of the area.” Id. § 866.1.
2. The authority of a county that has
established a metropolitan area
planning commission pursuant to 19
O.S.2011, § 866.2, and meets the cri-teria
of having an upstream terminal
port and turnaround where navigation
ends, or contains all or part of a reser-voir
or reservoirs constructed by the
Bureau of Reclamation, the United
States Army Corps of Engineers, or
by the Grand River Dam Authority
for zoning regulations and building,
construction, and housing codes is
an exception to the general jurisdic-tional
authority of Section 866.2. The
authority of such county for zoning
regulations and building, construc-tion,
and housing codes extends to
all or any part of the unincorporated
areas of such county. Id.
3. Title 19 O.S.2011, § 866.2 grants coun-ties
having an upstream terminal port
and turnaround where navigation ends
or other related criteria the discretion
to establish zoning regulations and
building, construction, and housing
codes. When exercising that discre-tion,
a county must take the necessary
steps to comply with the provisions of
Sections 866.2 through 866.35.
4. A county must adopt a resolution and
have a majority of the vote of the
people of the county to establish a
county planning commission pursuant
19 O.S.2011, § 865.51, and avail itself
of the zoning regulations extending to
all unincorporated areas as provided
by 19 O.S.2011, § 865.53.
5. If a metropolitan area planning com-mission
exists in a county and the
county chooses to confer authority
to a metropolitan area planning com-mission
pursuant to 19 O.S.2011,
§ 865.51, this authority may extend to
all unincorporated areas in the county,
except for the jurisdiction of any lake
area planning and zoning commission.
6. A “proper resolution,” referenced in 19
O.S.2011, § 865.51 to confer authority
on a metropolitan area planning com-mission,
need not comply with the
requirements of 19 O.S.2011, § 865.52
requiring a vote of the majority of the
people to set up a county planning
commission, but must meet the legal
requirements for a resolution.